State & Federal Appeals

Silverman Thompson’s appellate practice is led by experienced appellate attorneys with a record of results for their clients across a wide range of civil and criminal matters. A successful appeal requires looking at a case with a fresh perspective, identifying and evaluating potential legal or factual errors in the trial court, and developing a strategy to either defend or overturn the judgment.

Most appeals are won or lost on the briefs, so an appellate attorney must have excellent research and writing skills. And in cases where oral argument is the difference-maker, an appellate attorney must be able to think quickly under fire when facing a barrage of questions from a panel of appellate judges. This is why it is critical to hire an attorney with extensive appellate-specific experience, as they are equipped with different skills than a trial-exclusive attorney.

Silverman Thompson’s appellate attorneys have honed these skills through appellate clerkships and years of appellate litigation experience in courts including the Supreme Court of the United States; the United States Courts of Appeals for the Second, Third, Fourth, Fifth, Eighth, Ninth, and D.C. Circuits; and appellate courts for the State of Maryland, the District of Columbia, and other states.

Because our attorneys possess the unique skills and experience needed to succeed on appeal, we are often asked to litigate appeals in cases tried by other law firms. Our attorneys are also experienced in providing amicus support for interested third parties in high-profile cases.

Whether you’re a litigant looking for new appellate counsel, or you’ve been with us since the beginning of your case, our veteran attorneys will guide you through every stage of the appeals process, including:

Assessing the potential costs of an appeal and likelihood of success
Seeking a stay of enforcement of the judgment
Preparing the appellate record
Deciding whether to participate in court-sponsored mediation programs and negotiating a favorable settlement during any mediation
Briefing and oral advocacy before the appellate court
Petitioning for discretionary review in higher appellate courts

Our appeals practice is highlighted by reversing one of the largest monetary compensatory verdicts in Maryland history, a $33.6 million award to retired Raven Michael McCrary.

Other notable successes by Silverman Thompson’s appellate team include:

Federal Matters

In a business dispute between providers of prison communications services, winning partial reversal of district court order dismissing complaint for failure to state a claim. Smart Commc’ns Holding, Inc. v. Glob. Tel-Link Corp., No. 22-3287, 2023 WL 8866555, at *1 (3d Cir. Dec. 22, 2023).
In a civil lawsuit against state and federal investigators and prosecutors, successfully defending district court’s dismissal of constitutional claims against FBI agent. Annappareddy v. Pascale, et al., No. 19-2285, 2021 WL 1603987 (4th Cir. Apr. 26, 2021).
In a class action lawsuit against the National Football League, obtaining reversal of district court’s order dismissing complaint as preempted under the Labor Management Relations Act. Dent v. National Football League, 902 F.3d 1109 (9th Cir. 2018).
In a defamation action, winning reversal of district court’s order dismissing claim against a major publisher. Friedman v. Bloomberg L.P., 884 F.3d 83 (2d Cir. 2017).

State Matters

For a client convicted of serious felonies, winning a new trial based on an erroneous order barring his attorney from consulting with him during an overnight recess. Nguyen v. State, No. 565, Sept. Term,2023, 2024 WL 509622 (Md. Ct. Spec. App. Feb. 9, 2024).
In a novel appeal on behalf of a deceased individual, obtaining reversal of an order denying a posthumous petition for expungement of criminal charges. In re John K., No. 2271, Sept.term,2022, 2023 WL 7627711, at *1 (Md. Ct. Spec. App. Nov. 15, 2023).
In a personal injury case involving a tragic drowning death of a minor, successfully opposing a challenge to the trial court’s refusal to transfer the case to the defendant’s preferred venue. Jarman v. Twiddy & Co. of Duck, Inc., 889 S.E.2d 488, 491 (N.C. Ct. App. 2023).
In a high-stakes business dispute, overturning dismissal of client’s complaint and successfully arguing that an in banc panel of Maryland circuit court judges had jurisdiction to review the dismissal. Norino Properties, LLC v. Balsamo, 253 Md. App. 226, 265 A.3d 1109 (2021).
In a dispute over use and ownership of Baltimore Arena Billboards, successfully defending nearly $1.5 million judgment in favor of owner of billboards. Legend Sales & Mktg., LLC v. Arena Ventures, LLC, No. 41, Sept. Term, 2020, 2021 WL 1249795, at *1 (Md. Ct. Spec. App. Apr. 5, 2021).
In business valuation dispute, successfully defending a $1.275 million judgment for unjust enrichment and quantum meruit claims. Cohen v. Richardson, No. 1464, Sept. Term, 2016, 2019 WL 1771793 (Md. Ct. Spec. App. Apr. 22, 2019).
In a dispute over insurance proceeds, successfully overturning $33.6 million judgment in favor retired Raven Michael McCrary against two former business associates. Fisher v. McCrary Crescent City, LLC, et al., 186 Md App. 86 (2010)

Amicus Briefs

Westminster Management, LLC, et al. v. Smith, et al. , 486 Md. 616 (2024) (supporting the National Apartment Association, Maryland Multi-Housing Association, Inc., and Apartment and Office Building Association of Metropolitan Washington in dispute over the definition of rent and permissible costs and fees in residential leases)
Todman, et al. v. Mayor and City Council of Baltimore, 104 F. 4th 479 (4th Cir. 2024) (supporting the Maryland Multi-Housing Association, Inc. in challenge to the constitutionality of Baltimore City’s eviction chattel law)
Aleti, et ux. v. Metropolitan Baltimore, LLC, et al., 479 Md. 650 (2022) (supporting the Maryland Multi-Housing Association, Inc. and Apartment and Office Building Association of Metropolitan Washington in dispute over tenants’ right to sue landlord for violating rental licensing requirements)
Assanah-Carroll v. Law Offices of Edward J. Maher, P.C., et al., 480 Md. 394 (2022) (supporting the Maryland Multi-Housing Association, Inc. on certified legal question from the United States District Court for the District of Maryland concerning the right to collect by a landlord without a rental license)
Velicky v. The CopyCat Building, LLC, 476 Md. 435 (2021) (supporting the Maryland Multi-Housing Association, Inc. in dispute over the right of a landlord without a current rental license to bring statutory tenant holding over actions)
Pettiford v. Next Generation Trust Serv., 467 Md. 624 (2020) (supporting the Maryland Multi-Housing Association, Inc. in dispute over pleading requirements and available defenses in summary ejectment actions)
LVNV Funding LLC v. Finch, 463 Md. 586 (2019) (supporting the Maryland-DC Creditors Bar Association in challenge to dismissal of putative class action brought against unlicensed collection agencies)
Smith v. Wakefield, LP, 462 Md. 713 (2019) (supporting the Maryland Multi-Housing Association, Inc. in dispute over limitations period for actions seeking back rent for a residential lease)